Divorce is rarely simple, but for military families, it often comes with an added layer of complexity. Military service members and their spouses face unique challenges, from dividing military pensions to navigating custody arrangements during deployments or relocations. These factors can make the divorce process feel daunting, especially if you’re unsure of your rights. By understanding your rights and working with an experienced attorney, you can approach this challenging time with clarity and confidence.
What Makes Military Divorces Unique?
Military divorces differ from civilian ones in several key ways due to specific laws, benefits, and circumstances tied to military life. Here are some points of distinction that make these cases unique:
1. Division of Military Retirement Pay
One of the most significant differences in military divorce is the division of the service member’s military retirement pay. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), state courts can treat military retirement pay as marital property and divide it between both parties. However, the rules surrounding this can be complex, particularly when determining how much of the pension the non-military spouse is entitled to.
Additionally, the Defense Finance and Accounting Services (DFAS), the government agency responsible for disbursing military retirement benefits, plays an essential role in facilitating the division of these benefits. Handling the DFAS process correctly is critical and often requires a skilled attorney familiar with their procedures.
2. Custody Challenges
Child custody in military divorces can be more complicated, especially when deployment orders or permanent changes of station (PCS) are involved.
For instance, if a service member is stationed overseas or needs to relocate across state lines, navigating parenting time becomes challenging. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) provides guidance for determining jurisdiction in these cases, but it’s essential to work with an attorney who understands its nuances.
Long deployments may also require specialized custody agreements that accommodate both parents’ circumstances while prioritizing the child’s well-being.
3. Federal and State Laws Intersecting
One of the more unusual aspects of military divorce is that it often involves a blend of federal and state legal frameworks. For example, while federal laws like the USFSPA dictate how military pensions are handled, state courts ultimately decide on issues like child custody, alimony, and property division.
4. Health and Family Benefits
Military divorces often require a careful review of health benefits, such as Tricare, and other benefits like commissary and exchange privileges. Spouses may continue to be eligible for certain benefits based on the “20/20/20 Rule”—a formula tied to the length of the marriage and military service.
Understanding these benefit eligibility rules can have a significant impact on both parties’ financial and logistical considerations after divorce.
5. Service Obligations Impacting the Process
The obligations of active-duty service, such as deployments or training schedules, can sometimes delay or complicate divorce proceedings. Protections under the Servicemembers Civil Relief Act (SCRA) allow active-duty service members to request a stay (postponement) of their legal proceedings if their service prevents them from fully participating in the process.
Practical Advice for Navigating a Military Divorce
- Hire a Military Divorce Attorney: Military divorces are not a DIY project. Because of their unique legal components, it’s crucial to work with an attorney who has experience handling military divorce cases, understands DFAS, and is well-versed in federal and state laws.
At Boal Law Firm in Colorado Springs, attorney Brian Boal has extensive experience representing military personnel and their spouses in divorce cases. He understands the complexities involved and advocates fiercely for his clients, ensuring their rights are protected. - Understand Your Benefits and Rights: Whether you’re the service member or the spouse, take the time to understand the financial and legal implications of your divorce. This includes retirement benefits, custody agreements, and healthcare eligibility. A knowledgeable attorney can help you make informed decisions based on your unique situation.
- Plan for Custody with Flexibility: For parents, creating a custody plan that accounts for the realities of military life is key. If deployments or relocations are part of your foreseeable future, work with your attorney to draft a parenting plan that includes provisions for long-distance communication and adjustments as needed.
- Keep Detailed Records: When dividing assets, particularly military pensions or benefits, detailed and accurate records are essential. Ensure that you have documentation related to your marriage, service, finances, and children.
For example, if you’re the spouse of a service member, you’ll need proof of time married while they were actively serving to qualify for certain benefits under the 20/20/20 Rule. - Prepare for DFAS Paperwork: The process of dividing retired pay with DFAS requires meticulous paperwork. A misstep here may delay or jeopardize your benefits. Your attorney can guide you through the specifics, ensuring all forms and documents are correctly submitted.
- Communicate Clearly: Divorce often becomes emotional, but clear and respectful communication can help prevent misunderstandings and further complications—especially when children or custody issues are involved.
Why Choosing the Right Attorney is Crucial
Divorces are emotional and challenging, but military divorces introduce additional layers of complexity that require specialized knowledge. For service members and their spouses in Colorado, attorney Brian Boal has become a trusted advocate in these cases.
Why choose Boal Law Firm?
- Experience handling military divorces and working directly with DFAS staff.
- Expertise in state and federal laws that govern military benefits and custody.
- Personal Attention to ensure your unique needs and goals are prioritized.
If you’re a service member stationed at Fort Carson, Peterson Air Force Base, or the United States Air Force Academy—or a spouse seeking guidance—you deserve a lawyer who understands this process inside and out.
Moving Forward with Confidence
Military divorces might feel overwhelming, but with the right approach and the support of an experienced attorney, you can handle this process with clarity and protect what matters most to you. By understanding your rights, documenting every detail, and seeking professional guidance, you can secure the future you deserve.
If you’re facing a military divorce, don’t go it alone. Contact Boal Law Firm in Colorado Springs to schedule a consultation. Attorney Brian Boal is here to guide you every step of the way.
Call Boal Law today at (719) 203-6339 to get started.